Welcome to Maxnet Copyright (Infringing File Sharing) Service!
A Notice to all Rights Owners and Rights Owners Agents:
Maxnet need not comply with the obligation in subsection (1)(a) to issue an Infringement Notice if any or all of the following a cure:
(a) the alleged infringement occurred more than 21 days before Maxnet received the relevant information from the rights owner; or
(b) the alleged infringement occurred after an infringement that triggered a detection notice but before the date of that detection notice; or
(c) the alleged infringement occurred during a quarantine period applying to the account holder with respect to the rights owner; or
(d) the rights owner has not complied with regulations made under section 234 that impose requirements on the information, or form of information, to be provided for the purposes of subsection (1); or
(e) the rights owner has not paid, the processing fee required by Maxnet, as permitted by section 122U or
(f) the alleged infringement occurred within an on-notice period applying to the account holder with respect to the rights owner; or
(g the rights owner agrees, or asks, that a notice not be issued.
Maxnet also, until proven by a court case, interprets the act to read as follows:
(A) 122A IPAP, or Internet protocol address provider, means a person that operates a business that, other than as an incidental feature of its main business activities,—
(a) offers the transmission, routing, and providing of connections for digital online communications, between or among points specified by a user, of material of the user's choosing; and
(b) allocates IP addresses to its account holders; and
(c) charges its account holders for its services; and
(d) is not primarily operated to cater for transient users
For Maxnet to be the IPAP Maxnet must meet all 4 points of the definition as follows:
(a) Maxnet must offers the transmission, routing, and providing of connections for digital online communications, between or among points specified by a user, of material of the user's choosing; and
(b) Maxnet allocates the IP address to the account holder either by Maxnet’s Radius server which is used to authenticate against and allocates the IP’s (static or Dynamic) or Maxnet has allocated a Static IP address to a CPE (Customers Premise Equipment) which does not need to authenticate via Radius;and
(c) Maxnet charges/ Invoices direct to the account holder the IP address was allocated too; and
(d) Maxnet is not primarily operated to cater for transient users
(B) 122D Detection notices
a.(1) An IPAP must issue a detection notice in relation to a rights owner to an account holder—
a) the first time the IPAP matches the account holder with an IP address at which an infringement is alleged by the rights owner to have occurred; and
b) the first time, following the end of a quarantine period, the IPAP matches the account holder with an IP address at which an infringement is alleged by the rights owner to have occurred.
For Maxnet to issue a Detection Notice to an account holder, The account holder must matched both (a) and (b) states;
(a) This is the first ever alleged infringement from this rights holder AND
(b) This is the first alleged infringement after the 35 day quarantine period from issuing an Enforcement notice.
We would like to point out that you can never be both at the same time...!